SUKHPAL Vs. CHHATTAR SINGH

JUDGEMENT

(1.) By this judgment, RSA Nos. 1405 and 1406 of 2008 arising from a common judgment passed by learned Trial Court and First Appellate Court shall stand disposed of. Learned counsel for the parties have also agreed that both these appeals can be conveniently disposed of by a common judgment. In the considered view of this Court, following question of law arise for determination:-

(2.) The plaintiffs have filed these two appeals against judgment dated 10.12.2007 passed by learned First Appellate Court while reversing the judgment and decree dated 25.2.2003 passed by learned Trial Court.

(3.) The plaintiffs have filed a suit for declaration claiming that they are owners in possession of the suit land alongwith performa defendants no. 10 to 21 to the extent of 3/5th share of the suit land mentioned in para 1 of the plaint and the allotment in the case nos. 59 and 60 decided on 22.12.1977 by Collector Agrarian, Nuh and consequent mutations no. 596, 597, 600, 607, 610, 611, 617, 661, 662 and sale deeds dated 23.6.1998, 20.7.1998, 13.7.1998, 17.7.1998 and 5.7.1996 are wrong, illegal, null void ab initio, ineffective and not binding on the rights of the plaintiffs and defendants no. 10 to 21 and the same are liable to be set aside in view of judgment and decree dated 29.5.1985 in civil suit no. 252 decided by Sub Judge, First Class, Gurgaon with a decree for permanent injunction restraining defendants no.3 to 9(c ) from interferring in the peaceful ownership and cultivating possession of the plaintiffs and performa defendants detailed in para 1 of the plaint and also from alienating the suit property.